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(영문) 전주지방법원 2021.01.15 2019가단649
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff sent a relationship between the Defendant and the Defendant for one year.

B. On May 2018, the Defendant filed a complaint with the Police Station stating the following facts to the Plaintiff.

1) On January 2018, the Plaintiff: (a) threatened a police officer with the intent to know about the Defendant’s pregnancy and abortion in the surrounding area; and (b) rape against the Defendant’s will.

2) On May 8, 2018, at around 22:30, the Plaintiff mentioned the Defendant’s past abortion before Celherher mother, and threatened his/her family as if he/she were informed of it, thereby making the Defendant’s abortion into the guest room, and rape against the Defendant’s will.

3) On May 11, 2018, the Plaintiff was raped following the Defendant’s selling, her mare, and her mare, by drinking in a multi-use room inside the Defendant’s mobile phone store operated by the Defendant.

(c)

On July 27, 2018, the prosecutor of the Jeonju District District Public Prosecutor's Office rendered a non-prosecution disposition without suspicion on the ground that there is insufficient evidence to prove the plaintiff's suspicion.

(d)

On the other hand, on July 6, 2018, the Defendant sent e-mail containing the content that the Plaintiff was subject to sexual assault, etc. from the Plaintiff to the ethical secretariat of the Plaintiff Co., Ltd. (hereinafter “Non-Party Company”) under a direct labor contract.

On August 31, 2018, the Plaintiff retired from the non-party company.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A No. 2, Results of inquiries into facts by this Court, the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. On May 2018, the Defendant asserted that the Plaintiff filed a false complaint with the investigative agency that “the Plaintiff had raped the Defendant three times.” On July 6, 2018, the Defendant committed an illegal act of sending e-mail containing false facts with the same content to the Nonparty Company, and had the Plaintiff and the Nonparty Company terminate the labor contract.

On August 1, 2018, the Plaintiff renewed the contract with the non-party company, renewed the contract every year, and received the total of KRW 45,000,000 for the basic salary and performance for the year before retirement.

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